IN THE CASE OF:    

		BOARD DATE:  23 October 2014	  

		DOCKET NUMBER:  AR20140005166 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
7 September 2007:

* Purple Heart
* Army Commendation Medal
* Combat Action Badge

2.  The applicant states his DD Form 214 was never updated to include the above awards. 

3.  The applicant provides:

* orders awarding him the Combat Action Badge
* orders awarding him the Purple Heart
* an undated incomplete DA Form 638 (Recommendation for Award)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  He previously served 1 year, 4 months, and 20 days in the Kansas Army National Guard (KSARNG).  On 28 January 2006, he enlisted in the KSARNG for 6 years, 7 months, and 10 days.

3.  He was ordered to active duty on 4 June 2006 in support of Operation Iraqi Freedom.  He served in Iraq from 2 September 2006 to 9 August 2007.  He served in two campaigns.

4.  He provided the following permanent orders (PO) issued by the 13th Sustainment Command (Expeditionary), LSA Anaconda, Iraq:

* PO 166-040, dated 15 June 2007, awarding him the Combat Action Badge for engaging or being engaged by the enemy on 16 November 2006
* PO 211-003, dated 30 July 2007, awarding him the Purple Heart for wounds received as a result of hostile action on 30 March 2007

5.  He provided an undated DA Form 638 recommending him for the award of the Army Commendation Medal for outstanding service from 4 September 2006 to 17 August 2007.  The award was recommend by his platoon leader and recommended for approval by his company commander and battalion commander.  However, the form is incomplete in that it does not show the final disposition action taken by the award approval authority, his brigade commander. Part V (Orders data) of this form is also incomplete.  There are no orders in his official military personnel file (OMPF) awarding him the Army Commendation Medal.

6.  On 7 September 2007, he was honorably released from active duty.  His DD Form 214 shows he was awarded the:

* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Armed Forces Reserve Medal with "M" device
* Combat Action Badge
7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Only one Combat Action Badge may be awarded during a qualifying period.  

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Iraq Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders submitted by the applicant show he was awarded the Purple Heart.  Therefore this decoration should be added to his DD Form 214.

2.  The DA Form 638 submitted by the applicant does not show final approval for the award of the Army Commendation Medal.  His DD Form 214 currently shows one award of the Army Commendation Medal.  It is not known if this is the same award the applicant is referring to.  There are no orders in his OMPF awarding him a second Army Commendation Medal.  Therefore, there is insufficient evidence to add a second Army Commendation Medal to his DD Form 214.

3.  His DD Form 214 already shows the award of the Combat Action Badge.  The only qualifying period for award of the Combat Action Badge is from 
18 September 2001 to a date to be determined.  In view of this, there are no cases where a Soldier would be entitled to more than one award of the Combat Action Badge.  Therefore, there is no correction to be made concerning the Combat Action Badge.

4.  He served in two campaigns in Iraq.  Therefore, he is authorized two bronze services stars to be worn on his already awarded Iraq Campaign Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with a separation date of 7 September 2007 by:

	a.  deleting the Iraqi Campaign Medal; and

	b.   adding the:

* Purple Heart
* Iraq Campaign Medal with 2 bronze service stars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Army Commendation Medal.



      _______ _   X______   ___
       	   CHAIRPERSON


I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140005166



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ABCMR Record of Proceedings (cont)                                         AR20140005166



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